Can you go to jail for malicious damage?
Can you go to jail for malicious damage?
Malicious damage penalties The maximum penalty for an offence under section 195(a) is five years imprisonment. However, most offenders do not receive a prison sentence. Penalties typically include a fine, conditional release order, or community correction order. It is also possible for no conviction to be recorded.
What constitutes malicious damage?
Malicious Damage of Property can be defined as intending to cause damage to the property, or an intending to destroy it. Damage can mean defacing, marking, removing the property or even causing it to be broken. It can be as simple as kicking a door or punching a wall. The damage does not have to be permanent.
Is malicious damage a criminal offence?
Malicious damage is no longer a specific offence in NSW – the offence is now called “intentionally or recklessly destroying or damaging property belonging to someone else” and comes under section 195 of the Crimes Act 1900. Graffiti and vandalism offences are now dealt with under the separate Graffiti Control Act 2008.
What is the difference between graffiti and property damage?
What is property damage? Common forms of property damage can include damage to your home, car and personal possessions. It can include vandalism and graffiti, which is marking or defacing objects. Graffiti can include painting, drawing and scratching, and it can be a crime if it is done without the owner’s permission.
How do I claim for malicious damage?
For malicious damage to be covered by an insurer you must be able to prove that the damage was caused with intent and that it’s been reported to the police. This means you’ll need to provide a crime reference number.
How do I report malicious damage?
Do you have information about MALICIOUS DAMAGE crimes that would help police? You can report online at www.nsw.crimestoppers.com.au or call Crime Stoppers on 1800 333 000 (24/7).
How serious is criminal damage?
Even if the items damaged can be repaired, individual(s) can still be prosecuted. Such a charge can be subject to penalties including fines and possible imprisonment. The offences of criminal damage are set out in the Criminal Damage Act 1971.
Do the police pay for damage?
If the police search an address in error, they must pay to repair any damage which is caused – including damage to a door.
How do you prove criminal damage?
To prove the offence of causing criminal damage under the 1971 Act, the following elements need to be established:
- Damage (temporary or permanent) was caused.
- That damage occurred to property.
- The damaged property belonged to another.
- The damage was caused without lawful excuse.
